Question:

I am currently permanently employed in the IT industry. I was promoted and transferred, last year October, to the Eastern Cape as a Team Leader – I was previously a Field Technician in KZN, my salary was adjusted accordingly.

As I was relocating I negotiated R5000 more than the standard Team leader gets in my company. Upon arriving it turned out that the extra R5000 was justified as in KZN we had 3 team leaders and I was given the entire Province to run by myself.

I was there for 6 months and our client was very satisfied with my work. I did receive my requested salary while there. Unfortunately I never received anything in writing to confirm my position or salary (even though I did request this) I went on Holiday to Australia in March for 1 month and when I came back to KZN I was informed that the client had requested that I be placed back in KZN as a Team Leader as there were problems and they needed my expertise and relationship I had built up with the KZN client.

I was then horrified when I was told by my HR Dept. that because I was back in KZN I needed to get onto the standard Team Leader package which was R5000 less, I contested this and was informed that they would speak to the Chairman of the company and get back to me. I didn’t hear anything more about this and received my same salary.

Then about 3 weeks ago I received an email to inform me that the adjustment will be put into place as discussed. It was a big shock to me and the only thing i could think of doing was to put together everything that I do that is extra to the position I hold. As i currently look after 60% of the call volumes and the other 2 employees look after 25% and 15% respectively.

I believe that I am earning the extra money I get paid. Besides i never asked to come back to KZN and would have happily stayed in the Eastern Cape. I would prefer not to have to go the legal route with my company if possible and I am awaiting the response on my proposal. I would, however, like to know what my rights are in this regard and if possible have the exact labour law my company would be in breach of should they continue with the reduction of my salary. Your assistance in this regard would be very much appreciated. Thank you in advance.

Answer:

Quite simply by law no company may unilaterally reduce an employees salary without signed written consent by the employee so if they do this without such they immediately breach legislation. I would suggest that you advise them of such in a friendly manner stating you chatted with a labour attorney friend of yours at a braai and he said that they cannot merely do this. Further he said he would happily help you with this if the company should proceed and do this without consent, See what happens first. You can oppose this formally and win.

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